This appeal in a California court involved a dispute over an appraisal of the plaintiffs’ 15% interest in a grocery store the defendant operated. The plaintiffs alleged that the award of the superior court was obtained by fraud and that the arbitrator prejudiced their rights.
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Jim's Hot Shot Service, Inc. v. Continental Western Ins. Co.
Court disallows double recovery of lost profits and lost business claims.
In re Greater Southeast Community Hospital Corp. (I)
BV expert challenged under Daubert for reliance on third-party appraisals.
Baisden v. I’m Ready Productions, Inc. (I)
Federal court bars testimony of IP expert on lost profits related to movie development and rights for lack of reliability and relevance to original copyright infringement claims.
Jeffrey D. Chokel v. First National Supermarkets, Inc.
The Massachusetts Supreme Court affirmed the lower court's valuation of stock using the Delaware Block method in this dissenting shareholder action. In doing so, it affirmed the lower court's use of projected future earnings instead of historical earnings ...
Primavera Familienstifung v. Askin
Two issues in this case were a new pricing method for collateralized mortgage obligations, and a evaluation of Daubert standards for expert testimony.
Adelphia Recovery Trust v. FPL Group, Inc. (In re Adelphia Corp.)
Court finds trust failed to prove insolvency; its expert’s use of DCF alone was inappropriate where there were no cash flow projections untainted by fraud, but competing expert’s market-based approach and value per subscriber analysis were solid.
In re Capmark Financial Group
Bankruptcy court confirms reorganization plan based in large part on “put option” approach to valuing corporate insider guaranties.
Montgomery v. Aetna Plywood
At issue is the valuation of ESOP shares at the time of a stock transaction.
In Re Kool, Mann, Coffee and Co.
At issue is the valuation of a marina/houseboat business.
In re Horsehead Holding Corp.
In a rare nod to shareholder concerns, Bankruptcy Court approves formation of equity committee based on “dramatic adjustment in valuation” and inconsistent management positions as to financial health of debtors pre-Chapter 11 and post-petition filing.
In re Mercury Companies, Inc. (I)
For reasonably equivalent value determination, Bankruptcy Court finds contract price and values from experts’ discounted cash flow analyses are too limiting and applies totality of circumstances test, concluding stock transfer is not avoidable.
Heigle v. Heigle
At issue is whether the lower court erred in appointing a court appointed expert to prepare the valuation of the marital property.
Garrity v. Bishton
One issue in this case was the valuation of a law practice.
Jeffries v. Mills
Malpractice action against defendant claiming that he was negligent when he failed to object to the sale of plaintiff's stock by the Trustee in her bankruptcy.
Theophilos v. Commissioner
Issue was whether the property received by the taxpayer was stock aquired in a closely held company or the contract to acquire the stock at a later time.
Fausak’s Tire Center, Inc. v. Blanchard
Buy-sell agreement unenforceable unless written, and stock purchase agreement does not suffice.
George G. Rodrique, Jr., et al. v. Veronica Hidalgo Rodrique
The U.S. Court of Appeals for the Fifth Circuit concluded that the Louisiana community law regarding property distribution was not inopposite with the rights held by an artist under the Federal Copyright Act. It determined that the artist held exclusive ...
Barbara Anne Conway v. Donald Lynn Conway
In Barbara Anne Conway v. Donald Lynn Conway, 2005 Can LII 14136 (ON S.C.), decided April 8, 2005, the Superior Court of Ontario determined the value of a service business. During the parties’ marriage, the wife received the required training and establis ...
3264638 Manitoba Ltd., et al. v. Guiseppe Bruni
In 3264638 Manitoba Ltd., et al. v. Guiseppe Bruni, 2005 MBQB 283 (Can LII) (decided December 12, 2005), the Manitoba Court of Queen’s Bench determined the appropriate valuation date in this breach of trust and breach of fiduciary duty. The plaintiff is a ...
Gregory William Bruzas v. Lee Ann Mary Bruzas
In Gregory William Bruzas v. Lee Ann Mary Bruzas, 2005 CanLII 36267 (ON S.C.) (decided October 7, 2005), the Ontario Superior Court of Justice considered what amount, if any, of retained earnings from a corporation wholly owned by a parent could be consid ...
In re Sunedison, Inc.
Court says debtors “appear to be hopelessly insolvent” and rejects shareholders’ call for equity committee; debtors’ prepetition published financials are not “dependable evidence” of assets’ fair market value, even if investors relied on balance sheets.
In re Williams Securities Litigation
Tenth Circuit confirms summary dismissal of securities litigation for lack of reliable expert evidence showing a direct causal link between the parent company’s alleged fraud and the subsidiary’s (a telecom company) substantial loss of market value.
In re EM Lodgings, LLC
In granting creditor’s stay relief motion, court averages competing expert valuations and finds debtor has no equity in contested hotel; court says value gap is result of experts’ legitimate disagreements over hotel’s future performance as reflected in inputs for DCF-based analyses.
U.S. Renal Care v. Jaafar
Texas Court reverses $750,000 jury award for value of patient account receivables for lack of reliable expert evidence, including faulty assumptions and failure to review underlying patient and payer data.
Howell Crude Oil Company v. Donna Refinery
The Texas Court of Appeals at Houston affirmed a jury's award of actual damages in this breach of contract to supply oil matter.